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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
irrigation non-expansion area; substitution; acres
Purpose
An emergency measure that allows a person who owns acres of land that may be irrigated to permanently retire those acres from irrigation, substitute for those acres the same number of acres in the same irrigation non-expansion area (INA) and use the associated water for any end use if the person demonstrates to the Director of the Arizona Department of Water Resources (ADWR) that the substitution of acres will not lead to a net increase in groundwater withdrawal in the INA. Requires the Cochise and Graham County Recorders to include a question on the 2024 general election ballot regarding whether to designate the Willcox Groundwater Basin (Willcox Basin) as an INA.
Background
An INA is a geographic area that has been designated as having insufficient groundwater to provide a reasonably safe supply for the irrigation of the cultivated lands at the current rate of withdrawal (A.R.S. § 45-402).
In an INA, only acres of land that were legally irrigated at any time between January 1, 1975, and January 1, 1980, may be irrigated with groundwater, effluent, diffused water on the surface or surface water, with outlined exceptions (A.R.S. § 45-437).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows land in a subsequent INA that is irrigated with groundwater from a non-exempt well during the five years preceding the date of the notice of the initiation of designation procedures to be irrigated with groundwater from a non-exempt well, rather than groundwater, effluent, diffused water on the surface or surface water.
2. Allows a person who owns acres of land that may be irrigated, if the person demonstrates to the Director of ADWR's satisfaction that the substitution of acres will not lead to a net increase in groundwater withdrawal in the INA, to:
a) permanently retire those acres from irrigation;
b) substitute, for those acres, the same number of acres in the same INA; and
c) use the associated water for any end use.
3. Requires the Cochise and Graham County Recorders to include an outlined question on the 2024 general election ballot for all eligible voters who reside within the Willcox Basin regarding whether to designate the Willcox Basin as an INA.
4. Requires the Director of ADWR, on signature of the Governor, to transmit, to the Cochise and Graham County Recorders, a map of the Willcox Basin.
5. Requires the map to be on a scale adequate to show, with substantial accuracy, where the boundaries of the Willcox Basin cross the boundaries of county voting precincts.
6. Requires that only registered voters who reside within the Willcox Basin be allowed to vote on the question.
7. Requires the Director of ADWR, if 50 percent or more of the eligible voters vote yes after the general election results are certified, to:
a) make and file an order designating the Willcox Basin as the Willcox INA;
b) file a true copy of the map of the Willcox INA in the office of the Cochise and Graham County Recorders and the central and local offices of ADWR; and
c) provide a copy of the order and map to the Chairpersons of the Senate and House of Representatives Natural Resources, Energy and Water Committees, or their successor committees.
8. Allows an irrigation user in the Willcox Basin, between the effective date and the certification of the general election results, to only irrigate with groundwater from a non-exempt well on acres of land that were irrigated with groundwater from a non-exempt well at any time during the five years immediately preceding the effective date.
9. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by the Committee of the Whole
1. Allows land in a subsequent INA that is irrigated with groundwater from a non-exempt well during the five years preceding the date of the notice of the initiation of designation procedures to be irrigated with groundwater from a non-exempt well, rather than groundwater, effluent, diffused water on the surface or surface water.
2. Removes the prohibition on the Director of the ADWR conditioning the approval of a person's application to substitute acres on the person reducing groundwater use.
3. Requires the Cochise and Graham County Recorders to include an outlined question on the 2024 general election ballot for all eligible voters who reside within the Willcox Basin regarding whether to designate the Willcox Basin as an INA.
4. Requires the Director of ADWR, on signature of the Governor, to transmit, to the Cochise and Graham County Recorders, a map of the Willcox Basin.
5. Requires the map to be on a scale adequate to show, with substantial accuracy, where the boundaries of the Willcox Basin cross the boundaries of county voting precincts.
6. Requires that only registered voters who reside within the Willcox Basin be allowed to vote on the question.
7. Requires the Director of ADWR, if 50 percent or more of the eligible voters vote yes after the general election results are certified, to:
a) make and file an order designating the Willcox Basin as the Willcox INA;
b) file a true copy of the map of the Willcox INA in the office of the Cochise and Graham County Recorders and the central and local offices of ADWR; and
c) provide a copy of the order and map to the Chairpersons of the Senate and House of Representatives Natural Resources, Energy and Water Committees, or their successor committees.
8. Allows an irrigation user in the Willcox Basin, between the effective date and the certification of the general election results, to only irrigate with groundwater from a non-exempt well on acres of land that were irrigated with groundwater from a non-exempt well at any time during the five years immediately preceding the effective date.
9. Adds an emergency clause.
House Action Senate Action
NREW 2/6/24 DP 5-4-0-1 NREW 3/14/24 DPA 4-2-1
3rd Read 2/27/24 31-27-1-0-1
Prepared by Senate Research
June 11, 2024
RA/SDR/slp